Disposed

P Manikandan v. M/S Vaigai Thread Processors Pvt. Ltd. (in Liqn)

Karnataka HC8 Nov 2023CA/300/2018

Case brief

AI extract

What is this about?

In an interim application regarding liquidation inventory, the court dismissed a prayer not pressed, granted permission to pay Chartered Accountant fees from company funds, and disposed of a direction seeking removal of specific inventory items, reserving liberty for the applicant to requisition removal. disposition=disposed

What did the court decide?

Permission to pay Chartered Accountant fees from company funds allowed; liberty reserved to requisition removal of item 109.

P Manikandan Vs M/S Vaigai Thread Processors Pvt… — Company and Corporate | Karnataka HC (2023)

¶1

NC: 2023:KHC:40618 CA No. 300 of 2018 IN

¶2

COP No.90 of 2008

¶3

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 8^TH DAY OF NOVEMBER, 2023

¶6

BEFORE

¶7

THE HON'BLE MR JUSTICE C.M. POONACHA COMPANY APPLICATION NO. 300 OF 2018

¶8

¶9

COMPANY PETITION NO.90 OF 2008

¶10

BETWEEN:

¶11

P MANIKANDAN

¶12

S/O LATE DHAMODARAN NAIR AGED ABOUT 55 YEARS, H K CONSTRUCTION, H K COMPLEX R/O GOKULAM, CHEMMANNANKADU KANJIKODE POST PALAKKAD-678621

¶13

…APPLICANT

¶14

(BY SRI HARISH GANAPATHY, ADVOCATE)

¶15

Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA

¶16

AND:

¶17

M/S VAIGAI THREAD PROCESSORS PVT LTD (IN LIQN) REPT BY OFFICIAL LIQUIDATOR HIGH COURT OF KARNATAKA CORPORATE BHAVAN, NO.26-27, 12TH FLOOR,RAHEJA TOWERS M G ROAD, BANGALORE-560 001

¶18

KERALA STATE ELECTRICITY BOARD LTD (INCORPORATED UNDER THE INDIAN COMPANIES ACT 1956) OFFICE OF THE ASSISTANT ENGINEER, ELECTRICIAL SECTION, KORATTY,

¶19

NC: 2023:KHC:40618 CA No. 300 of 2018 IN COP No.90 of 2008

¶20

¶21

THRISSUR DISTRICT PIN-680308

¶22

KERALA STATE

¶23

…RESPONDENTS

¶24

(BY SRI K S MAHADEVAN, ADVOCATE)

¶25

THIS APPLICATION IS FILED UNDER RULE 6 AND 9 OF THE COMPANY COURT RULES PRAYING TO DIRECT THE RESPONDENT -2 TO PERMIT THE PETITIONER TO REMOVE AND RECOVER ITEM NO.109 AND 110 OF THE INVENTORY LIST AND/OR IN THE ALTERNATIVE, IN CASE CABLES MENTIONED IN ITEMS NO.109 OF THE INVENTORY LIST BELONG TO THEM THEY MAY BE DIRECTED TO MAKE ARRANGEMENTS SO THAT THE BALANCE UGCI PIPES MENTIONED IN ITEMS NO.110 OF THE INVENTORY LIST IS REMOVED BY THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY.

¶26

THIS APPLICATION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶27

ORDER

¶28

Prayer No.A made in OLR No.25/2021 is dismissed as not pressed.

¶29

Prayer No.B made in OLR No.25/2021 is granted

¶30

and the fees of Chartered accountant as mentioned in the said prayer is permitted to be paid from the funds available to the credit of the company in liquidation.

¶31

C.A. No.300/2018 is filed to direct respondent No.2 - Kerala State Electricity Board to permit the Petitioner to remove and recover item No.109 and 110 of the inventory list or in the alternative.

¶32

3 - NC: 2023:KHC:40618 CA No. 300 of 2018 IN COP No.90 of 2008

¶33

Learned counsel for the applicant in the said application submits that no relief is required insofar as item No.110 of the inventory list since the same is already removed. He further submits that item No.109 of the inventory list belongs to Respondent No.2 and the same is required to be removed.

¶34

In view of the same, question of directing respondent No.2 as sought for in C.A. No.300/2018 does not arise. However, liberty is reserved to the applicant to make a requisition to respondent No.2 for removal of item No.109 from inventory list.

¶35

C.A. No.300/2018 is disposed of accordingly.

¶36

SD/JUDGE

¶37

¶38

List No.: 1 Sl No.: 53

P Manikandan v. M/S Vaigai Thread Processors Pvt. Ltd. (in Liqn)

Case brief

What is this about?

What did the court decide?

P Manikandan v. M/S Vaigai Thread Processors Pvt. Ltd. (in Liqn)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri K P Champakadhamaswamy Vs State of Karnataka

Sri. Venkateshappa K Vs State of Karnataka

Sri. R. Kumaraswamy Vs the Chief Executive Officer

Official Liquidator of Vs the Tahasildar

M Krishnamurthy Vs Chandra Spinning & Weaving Mills

M/S. Vardhman Polytex Limited Vs M/S Vir Retail Pvt. Ltd.